Victor Foods, Inc. v. Crossroads Econ. Dev. Of St. Charles Cnty., Inc., 977 F.2d 1224 (1st Cir. 1992). · Go Syfert
Victor Foods, Inc. v. Crossroads Econ. Dev. Of St. Charles Cnty., Inc., 977 F.2d 1224 (1st Cir. 1992). Cases Citing This Book View Copy Cite
“he missouri savings statute is irrelevant because state tolling and savings provisions do not apply when congress has provided a statute of limitations for a federal claim.”
57 citation events (41 in the last 25 years) across 23 distinct courts.
Strongest positive: Proctor v. Vilsack (ared, 2023-09-26)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Proctor v. Vilsack (2×) also: Cited as authority (rule)
E.D. Ark. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
tate tolling and savings provisions do not apply when congress has provided a federal statute of limitations for a federal claim.
discussed Cited as authority (verbatim quote) Pittman v. Mississippi Department of Human Services
S.D. Miss. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
state tolling and savings provisions do not apply when congress has provided a federal statute of limitations for a federal claim.
discussed Cited as authority (verbatim quote) Royster v. United States
W.D. Mo. · 2018 · quote attribution · 1 verbatim quote · confidence high
he missouri savings statute is irrelevant because state tolling and savings provisions do not apply when congress has provided a statute of limitations for a federal claim.
cited Cited as authority (rule) Myers v. 3073 Horseshoe Drive, LLC
M.D. Fla. · 2025 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1227 (8th Cir. 1992); Trans Caribbean Lines, Inc. v. Tracor Marine, Inc., 49 B.R. 360, 362 (S.D.
cited Cited as authority (rule) Hunter v. Dave Billion, Auto
D.S.D. · 2024 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992))).
cited Cited as authority (rule) Hunter v. Dave Billion, Auto
D.S.D. · 2024 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992))).
cited Cited as authority (rule) Sardakowski v. State of Texas
D.S.D. · 2024 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992))). 5.
cited Cited as authority (rule) Healy v. Supreme Court of South Dakota
D.S.D. · 2023 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992))).
discussed Cited as authority (rule) Factory Direct Wholesale, LLC v. Office Kick, Inc.
S.D. Ga. · 2023 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992) (“one vague sentence,” which did not propose new or different allegations, in response brief was insufficient to amend complaint).
cited Cited as authority (rule) Auburn Hills Homeowners Association v. New Page Properties, L.L.C.
W.D. Mo. · 2022 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1227 (8th Cir. 1992); Bowe v. Northwest Airlines, Inc., 974 F.2d 101, 103 (8th Cir. 1992).
cited Cited as authority (rule) Museboyina v. Jaddou
D. Neb. · 2022 · confidence medium
Charles Cnty., Inc., 977 F.2d 1224, 1227 (8th Cir. 1992).
discussed Cited as authority (rule) C. Pepper Logistics, LLC v. Lanter Delivery Systems, LLC
E.D. Mo. · 2021 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992)). jurisdiction under 28 U.S.C. § 1367 , which permits federal district courts that have original jurisdiction over an action to exercise supplemental jurisdiction “over all other claims that are so related to the claims . . . within such original jurisdiction that they form part of the same case or controversy,” as to the remaining state-law and declaratory judgment claims.
cited Cited as authority (rule) Jones v. United States Department of Education
E.D. Mo. · 2020 · confidence medium
Dev., 977 F.2d 1224, 1227 (8th Cir. 1992)).
cited Cited as authority (rule) United of Omaha Life Insurance Company v. Acass Systems, LLC
D. Neb. · 2019 · confidence medium
Charles Cty., Inc., 977 F.2d 1224, 1227 (8th Cir. 1992)).
cited Cited as authority (rule) E3 Biofuels, LLC v. Biothane, LLC
D. Neb. · 2014 · confidence medium
Charles Cnty., Inc., 977 F.2d 1224, 1227 (8th Cir. 1992).
discussed Cited as authority (rule) Terry v. United States Small Business Administration (2×) also: Cited "see, e.g."
D.D.C. · 2010 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1226 (8th Cir. 1992) (per curiam) (affirming jurisdictional dismissal of suit against SBA because it was barred under § 2401(a)).
discussed Cited as authority (rule) Wilderness Watch v. Abigail Kimbell (2×)
8th Cir. · 2009 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1226 (8th Cir. 1992) (per curiam) ("A cause of action accrues -12- when there are facts enabling one party to maintain an action against another.").
discussed Cited as authority (rule) Macklin, Orville v. United States
7th Cir. · 2002 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1226 (8th Cir. 1992) (dismissing action against Small Business Administration for failure to comply with limitations period in § 2401(a)).
discussed Cited as authority (rule) Bunnell v. Department of Corrections
Cal. Ct. App. · 1998 · confidence medium
The Congressional statute of limitation is definitive.” (Holmberg v. Armbrecht (1945) 327 U.S. 392, 395 [ 66 S.Ct. 582, 584 , 90 L.Ed. 743, 746 , 162 A.L.R. 719 ] [for federal suit in equity carrying no federal limitations, state statute of limitations applied, but subject to same federal equitable tolling (for fraudulent concealment by defendant) applicable to federal statutes of limitations].) “[S]tate tolling and savings provisions do not apply when Congress has provided a federal statute of limitations for a federal claim. [Citations.]” (Victor Foods v. Crossroads Economic Developmen…
discussed Cited as authority (rule) North Central F.S., Inc. v. Brown
N.D. Iowa · 1996 · confidence medium
Starter Corp. v. Converse, Inc., 84 F.3d 592, 594 (2nd Cir.1996) (“[I]t is well-settled that the Declaratory Judgment Act does not expand the jurisdiction of the federal courts”; therefore, the court would only have jurisdiction if a federal question “arising under” federal law, as required by 28 U.S.C. § 1331 , was the “actual controversy” presented by the declaratory claim); Victor, 977 F.2d at 1227; First Fed.
discussed Cited as authority (rule) James L. Beck v. Caterpillar Inc. And United Automobile, Aerospace and Agricultural Implement Workers of America
7th Cir. · 1995 · confidence medium
Charles County, Inc., 977 F.2d 1224, 1227 (8th Cir.1992) (state savings statute inapplicable in breach of contract/fraud action against Small Business Administration which is governed by federal statute of limitations); Davis v. Smith’s Transfer, Inc., 841 F.2d 139, 140 (6th Cir.1988) (state savings statute inapplicable in hybrid suit under § 301 of the Labor Management Relations Act); Brown, 926 F.2d at 961 (state tolling and savings provisions inapplicable in Title VII action which is governed by federal statute of limitations); Garrison, 714 F.2d at 759 (state savings clause inapplicable…
discussed Cited "see, e.g." Terry v. U.S. Small Business Administration
D.D.C. · 2010 · signal: see also · confidence medium
(PL’s Mem. for Leave to File at 4; see also id. at 7-10.) Therefore, plaintiff does not “propose any new or different allegations that would ... change[ ] [this Court’s] analysis of the jurisdictional issues,” Victor Foods, 977 F.2d at 1227 (affirming denial of plaintiffs “futile ‘motion’ to amend its complaint”), nor would these allegations have any effect on the Court’s conclusion that Heck bars his claims.
Retrieving the full opinion text from the archive…
Victor Foods, Inc.
v.
Crossroads Economic Development of St. Charles County, Inc. Landmark Bank of St. Charles County, Successor in Interest to First National Bank of St. Charles Small Business Administration, an Agency of the United States Government Victor Orlowski Sharon Orlowski
92-1211.
Court of Appeals for the First Circuit.
Sep 24, 1992.
977 F.2d 1224
Published

977 F.2d 1224

VICTOR FOODS, INC., Appellant,
v.
CROSSROADS ECONOMIC DEVELOPMENT OF ST. CHARLES COUNTY, INC.;
Landmark Bank of St. Charles County, successor in interest
to First National Bank of St. Charles; Small Business
Administration, an agency of the United States Government;
Victor Orlowski; Sharon Orlowski, Appellees.

No. 92-1211.

United States Court of Appeals,
Eighth Circuit.

Submitted Sept. 18, 1992.
Decided Sept. 24, 1992.

Stephen J. Nangle, St. Louis, Mo., argued, for Victor Foods, Inc.

David T. Hamilton, St. Louis, Mo., argued, for Magna Bank.

Claire M. Schenk, Asst. U.S. Atty., St. Louis, Mo., argued, for U.S.

Lawrence C. Friedman and Mike W. Bartolacci, St. Louis, Mo., argued, for Crossroads Economic Development Corp.

Before RICHARD S. ARNOLD, Chief Judge, FAGG, and MAGILL, Circuit Judges.

PER CURIAM.

[*~1224]1

This action arises from a small business venture. Crossroads Economic Development Corporation of St. Charles County, Inc. (Crossroads) purchased property, constructed a food processing plant on the property, and then leased the plant to Victor Foods, Inc. (VF). The Small Business Administration (SBA) and Landmark Bank of St. Charles County (Landmark) provided financing for the transaction. The parties signed the lease and an assignment on July 13, 1978. In April 1991, VF brought this action against the SBA, Crossroads, Landmark, and Victor and Sharon Orlowski.

2

In the complaint, VF alleged the lease required Crossroads to construct sewer lines at the plant within one year and pay costs incurred by VF to portage its wastewater during the interim. Around December 1, 1978, VF assumed possession of the leased premises and began paying for the cost of portaging wastewater. On July 13, 1979, however, Crossroads had not completed the sewer lines or reimbursed VF for the cost of portaging wastewater as the lease required. In October 1988, VF filed a complaint against the SBA and other defendants. While the complaint was pending, VF was adjudicated bankrupt. The district court granted VF's motion to dismiss its complaint. In April 1991, VF refiled the complaint.

[*~1225]3

Count I of VF's complaint seeks a declaratory judgment against all defendants, count II presents a breach of contract claim against the SBA and Crossroads, and count III presents a fraud claim against Crossroads and Landmark. The SBA filed a motion to dismiss counts I and II asserting the six-year general federal statute of limitations, 28 U.S.C. § 2401 (1988), had expired. Crossroads and Landmark filed motions to dismiss for lack of subject matter jurisdiction. Concluding the federal statute of limitations had expired, the district court dismissed VF's claims against the SBA with prejudice. The district court dismissed without prejudice the claims against Crossroads, Landmark, and the Orlowskis because VF failed to allege any basis for subject matter jurisdiction over these defendants in the complaint. VF appeals, and we affirm.

[*~1226]4

Under 28 U.S.C. § 2401(a), "every civil action commenced against the United States [is] barred unless the complaint is filed within six years after the right of action first accrues." A cause of action accrues when there are facts enabling one party to maintain an action against another. Konecny v. United States, 388 F.2d 59, 65 (8th Cir.1967). The facts alleged in VF's complaint show VF's action first accrued on July 13, 1979, when Crossroads had failed to perform its obligations under the lease. Thus, the district court correctly concluded VF could have brought this action on July 13, 1979, more than six years before VF filed suit against the SBA in 1988 or 1991. VF contends a novation occurred, but this contention is raised for the first time on appeal. Thus, we will not consider it.

[*1227]5

Relying on the bankruptcy code's automatic stay provision, 11 U.S.C. § 362 (1988), and the Missouri saving statute, Mo.Rev.Stat. § 516.230 (1986), VF contends this action relates back to the 1988 filing. This contention is totally meritless. VF's bankruptcy does not toll the statute because the automatic stay applies to actions filed against rather than by VF. Martin-Trigona v. Champion Fed. Sav. & Loan Ass'n, 892 F.2d 575, 577 (7th Cir.1989); see 11 U.S.C. § 362(a)(1) (1988). Further, the Missouri savings statute is irrelevant because state tolling and savings provisions do not apply when Congress has provided a federal statute of limitations for a federal claim. Brown v. Hartshorne Pub. Sch. Dist. No. 1, 926 F.2d 959, 961 (10th Cir.1991); see Garrison v. International Paper Co., 714 F.2d 757, 759 n. 2 (8th Cir.1983) (because a federal statute of limitations governs Title VII actions, Arkansas savings clause did not apply). Even if this action did relate back to the 1988 filing, the action would still have been filed more than six years after the action accrued.

[*~1226]6

The district court also properly concluded VF's complaint failed to allege any basis for subject matter jurisdiction over the remaining defendants: Crossroads, Landmark, and the Orlowskis. VF must sufficiently allege the basis for federal subject matter jurisdiction in its complaint. Bowe v. Northwest Airlines, Inc., 974 F.2d 101, 103 (8th Cir.1992). VF's complaint based jurisdiction on 15 U.S.C. § 634, 15 U.S.C. § 696, and 28 U.S.C. § 2201. Section 634 allows the SBA to be sued in any federal district court but does not create a federal question sufficient to confer subject matter jurisdiction over private parties joined as the SBA's codefendants absent some other jurisdictional basis. See Munoz v. Small Business Admin., 644 F.2d 1361, 1365-66 (9th Cir.1981); Benson v. United States Small Business Admin., 644 F.2d 1366, 1367 (9th Cir.1981); cf. Johnston v. Citizens Bank & Trust Co., 659 F.2d 865, 870 (8th Cir.1981) (exercising jurisdiction under 15 U.S.C. § 634(b)(1) and 28 U.S.C. § 1331). Similarly, the Declaratory Judgment Act, 28 U.S.C. § 2201 (1988), does not provide an independent basis for federal jurisdiction. First Fed. Sav. & Loan Ass'n v. Anderson, 681 F.2d 528, 533 (8th Cir.1982); see also Nashoba Communications Ltd. Partnership No. 7 v. Town of Danvers, 893 F.2d 435, 437 (1st Cir.1990). Here, the complaint does not contain allegations of citizenship supporting complete diversity. Indeed, the complaint suggests VF, Crossroads, Landmark, and the Orlowskis are all Missouri citizens. Additionally, VF's allegations of Crossroads's agency relationship with the SBA and loans made under 15 U.S.C. § 696 do not turn VF's contract and fraud claims into federal ones. See United States v. Turtle Mountain Hous. Auth., 816 F.2d 1273, 1275 (8th Cir.1987). Thus, no independent basis for federal jurisdiction over Crossroads, Landmark, or the Orlowskis existed.

7

Finally, the district court properly denied VF's technically deficient and futile "motion" to amend its complaint. The "motion" was one vague sentence on page fourteen of VF's memorandum in opposition to the motion to dismiss. VF proposed adding an allegation that federal question jurisdiction exists over Crossroads, Landmark, and the Orlowskis. VF, however, did not propose any new or different allegations that would have changed the district court's analysis of the jurisdictional issues. Also, the district court's dismissal without prejudice leaves VF free to file its action against Crossroads, Landmark, and the Orlowskis in state court.

8

Accordingly, we affirm.